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Updated: June 19, 2012 01:18 IST

Adarsh society challenges CBI jurisdiction

Staff Reporter
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A view of the controversial Adarsh society building in Mumbai. File photo
The Hindu A view of the controversial Adarsh society building in Mumbai. File photo

Even as the Central Bureau of Investigation told the Bombay High Court that it would file a charge sheet in the Adarsh matter within the next 10 days, the housing society complained that the agency was probing the case without proper permission or jurisdiction.

A Division Bench directed the Adarsh Cooperative Housing Society and the Maharashtra government to file an affidavit on their say within two weeks.

(While the land was meant for defence personnel housing, top politicians, bureaucrats and military officers allegedly bent rules and got flats allotted to themselves in this premier property in Mumbai.)

“It isn't clear how the CBI is in the picture. In a matter like this, they shouldn't be here. There is no such order by the State government and the entire jurisdiction of the CBI is without the authority of law,” Shekhar Nafde, counsel for the Adarsh society, told the court on Monday.

CBI to probe

A Maharashtra government-appointed judicial commission came out with the finding that the State owned the land. “It has been legally allotted by us to the society. The CBI came because it presumed that it is Central government land,” State representative Anil Sakhre told the court. He said the State had made no request to the CBI to take over the probe.

Reading out Sections of the Delhi Special Police Establishment Act, Mr. Nafde said: “The CBI's jurisdiction is related only to the Union government… Is there any allegation in the petition that the Maharashtra police have failed to investigate the matter? Innocent people are getting involved. The CBI is under pressure.”

The agency did not follow proper procedure before starting the probe.

Investigating the case

At this, Justice S.A. Bobde said: “Is it that the State's consent hasn't been taken? Has the State government said it does not want the CBI to investigate the case? Somebody should allege before the court that there is no consent.”

The Bench, which included Justice Mridula Bhatkar, however, declined to entertain the plea of seven accused persons that the court direct the Enforcement Directorate and the Income Tax (Investigation) department to stop their probe.

Plea declined

Their advocate, I.A. Bagaria, said there were technical problems in the case registered by the ED under the Prevention of Money Laundering Act (PMLA).

But the court declined to interfere. “We haven't directed that the PMLA applies. We are not going to direct that the PMLA doesn't apply,” Justice Bobde said.

The petitioner, who had filed a Public Interest Litigation petition, said the society and the State were trying to mislead the court and that Justice Marlapalle had directed the CBI in 2011 to file a First Information Report in the case.

The court will hear the matter next on July 4.

Who says CBI is PROBING the case.They have not arrested even a single
Minister involved.They have done their best to help the lowly babus
,netas and fauzis to get bail by not filing charge-sheet in time.CBI is
trying their best to get the case Bofored. Remember Bofor!!!Their
efforts must be appreciated.

from:  Rajeev Kumar
Posted on: Jun 18, 2012 at 20:30 IST

Maharashtra government says that CBI has no jurisdiction to investigate Adarsh Scam because neither the government nor the high court has handed over the case to it. In yet another incident in Andhra Pradesh, Jagan Reddy is reported to have amassed all his illegal wealth during the tenure of his father YSR as Chief Minister. No action was taken as long as YSR was around. It is only when Jagan Reddy claimed the CM's seat much to the discomfiture and defiance of the Congress High Command that CBI proceeded against him to probe his illegal wealth accumulation. It is apparent that government must have told CBI to proceed against Jagan Reddy. These recent events clearly establishes the need for CBI to be independent and impartial body,totally out of government control, as demanded by Anna Hazare and his team.

from:  KS Raghunathan
Posted on: Jun 18, 2012 at 18:28 IST

Another example by the Govt. of the day (both at Centre and State) as to how seriously it takes scams and corruption. We seriously need our 'own' EGYPT.

from:  Rahul
Posted on: Jun 18, 2012 at 17:45 IST

This seems like the fence eating the crop. The government which should have taken pro-active role in unearthing the scam is bent upon scuttling the probe. Can the general public of Maharashtra raise their voice?

from:  shanthanu
Posted on: Jun 18, 2012 at 16:14 IST

typical for them to get off the CBI leash, but didn't they find out about this like too late in the day, these people are so stupid that they couldn't think of this a year and a half back which would help only them and no one else, how on earth would they thick of something that would help the cause of the state. Clowns of the first order. Please, uneducated retards don't run things in the country.

from:  Angus
Posted on: Jun 18, 2012 at 15:49 IST

State Government must tell as to which agency in our country has jurisdiction to investigate this case?

from:  RP
Posted on: Jun 18, 2012 at 15:37 IST

So this is how the process to bury the case starts.. Good job.. All the accused out on bail.. matter of time before the case will be dead. Is there any hope for this country? Prima Facie, it does not look so..

from:  JB
Posted on: Jun 18, 2012 at 14:45 IST
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